As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the development and construction of renewable energy projects from around the world. Cases before the courts included various permitting and consent challenges, design liability, intellectual property in various technologies, claims of force majeure under a construction contract, the nature of property rights in the built asset, and nuisance and noise pollution relating to the operation of wind turbines. A selection of the judgments surveyed are summarised below.
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